Little known case has big impact on custody jurisdiction

Posted Friday, August 12th, 2022 by Gregory Forman
Filed under Child Custody, Jurisdiction, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

Occasionally I blog on little known cases that I find myself referencing often.  Thus today’s blog about Widdicombe v. Tucker-Cales, 366 S.C. 75, 620 S.E.2d 333

Court of Appeals reverses child support payment finding by rejecting family court’s credibility determination

Posted Wednesday, August 10th, 2022 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

Just this May I lectured on how de novo review made appealing family court orders more viable.  In the materials, I noted six post-Lewis reported

Court of Appeals reinstates final order’s award of alimony and attorney’s fees

Posted Thursday, August 4th, 2022 by Gregory Forman
Filed under Alimony/Spousal Support, Attorney's Fees, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The August 4, 2022, Court of Appeals opinion in Cohen v. Cohen reinstates the family court’s final order’s award of alimony and attorney’s fees to

Supreme Court affirms that marital dissolution case survives even if a party doesn’t

Posted Wednesday, August 3rd, 2022 by Gregory Forman
Filed under Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The August 3, 2022, Supreme Court decision in Seels v. Smalls affirmed that a marital dissolution action survives the death of a party.  In Seels,

Picking good witnesses for custody cases

Posted Friday, July 29th, 2022 by Gregory Forman
Filed under Child Support, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

Some custody cases can be tried with the parents being the primary witnesses.  But when there are substantial disputes about who the children are more

Collect evidence before filing for contempt

Posted Thursday, July 28th, 2022 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

Earlier in my career I lost a sizable number of contempt petitions I prosecuted because my client lacked the evidence to substantiate his or her

Equitably dividing personal injury proceeds

Posted Tuesday, July 26th, 2022 by Gregory Forman
Filed under Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

A recurring issue in South Carolina family court is how to “equitably” divide proceeds from personal injury, tort, or Workers’ Compensation claims.  The injured spouse

Court of Appeals affirms conservator and guardian can bring separate maintenance action on an incapacitated person’s behalf

Posted Wednesday, July 20th, 2022 by Gregory Forman
Filed under Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Separate Maintenance, South Carolina Appellate Decisions, South Carolina Specific

The July 20, 2022, Court of Appeals opinion in Ball v. Ball, affirms a family court order that a conservator and guardian can bring a

The latest insane restraining order making the South Carolina family court rounds

Posted Friday, June 17th, 2022 by Gregory Forman
Filed under Child Custody, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

I am on repeated record in finding numerous provisions of the typical South Carolina custody order to be overly broad, stupid, and frankly reckless.  Over

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